USPTO Patents Application 09875487

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MILLIKEN LEGAL

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U.S. PTO Customer No. 25280 ^ ase Jli '

REMARKS

Claims 15-33 were pending in the application. Claims 17, 23, and 28-33 are
hereby cancelled without prejudice or disclaimer. Independent claims 15, 22 and 27
have been amended. Thus, claims 15, 16, 18-22, and 25-27 are subject to continued
examination.

Art Rejections:

Although Applicants do not agree with the objection of claims 26 and 31-33,
Applicants respectfully believe that the amendment of claim 22 obviates the objection of
claims 26 and 31-33. It is respectfully believed that one must infringe claim 25 if they
infringe claim 26.

Applicants respectfully believe that the amendment of claim 15 changing "site" to
"web site" in line 3 obviates the 35 USC 112 rejection of claim 15.

With regard to the non-canceled claims, claims 15-33 were rejected on grounds
that they were unpatentable under 35 USC 103(a) over U.S. Patent Publication
2002/0002482 A1 to Thomas in view of U.S. Publication 2002/0004749 to Forseth et aL
In light of the amendments and remarks set forth herein, continued rejection on these
grounds is respectfully traversed. and reconsideration is requested.

Each of the independent claims were earlier amended to specifically recite the
ordering feature from the web page displaying the product design and the survey menu
with the interactive shopping cart being accessible by a link from the page displaying
those items as initially communicated to subscribers. The shopping cart is accessible
directly from that page independent of selecting any given response menu item. That
is, the page communicated to the user contains the product design, the selectable
survey menu and a direct link to an online shopping cart to enable ordering of the
displayed product independent from the survey response. FIGS. 2-5 of the application
as originally filed illustrate representative web documents with these features. The fact
that ordering may be performed independently from the survey is confirmed at FIG. 1 of

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U.S. PTO Customer No. 25280 case N0 - 01 "

the application wherein the description of event "D fl states that the subscriber rates the
design and/or requests sample. Thus, the description contemplates that the order may
be placed without completing the survey.

Claim 1 5 has been amended to include the limitations of claims 17, 28, 29, and
30. Hence, claim 15 calls for subscribers who are professionals within the architectural
and design communities, the professionals review surface, wall, or floor covering
designs, patterns or colors, the system permits the professionals to communicate back
to a floor covering manufacturer, and to provide early feedback to a manufacturer to
permit focused marketing. Claim 22 and 27 have each been amended to include the
limitations of claims 23, 31, 32, and 33.

It appears that the Thomas and Froseth et al. references are not directed to floor
covering, floor covering manufacture, early feedback to floor covering manufactures,
ordering floor covering products* or the like. Froseth et al. appears to be directed to
food selection, food ordering, and food distribution. The present invention differs from
the references in many respects.

As best understood, the combination of features as claimed is not taught or
suggested by the cited art. The primary reference to Thomas does not appear to
contemplate any ordering capability. In light of this deficiency, the Office Action
indicates that Froseth et al. teaches a food survey and ordering food.

Applicants respectfully believe that the proposed combination of references and
the modification of the primary reference are based on improper hindsight, taught away
from by the references, and even if combined fail to meet the claim limitations. Thomas
appears to be directed to an automated survey system for conducting market research
surveys, electoral polls, public opinion polls, and legal surveys. Thomas does not
appear to be directed to manufacturing floor covering products or to selecting, ordering,
and distributing food products. Thomas and Froseth et al. appear to be non-analogous
art. One would not readily combine the food ordering of Froseth et al. with the survey
system of Thomas absent the present application as the necessary motivation,

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U.S. PTO Customer No. 25280 Case No - 5127

suggestion, rationale, on the like. Additionally, Froseth et al. appears to teach away
from the combination as Froseth et al. is directed to food ordering and food distribution
not to electoral polls, public opinion polls, legal surveys, floor covering products, etc.
Further, even if Thomas and Froseth et al. were combined (contrary to the art and
based on improper hindsight), they do not disclose the claimed invention.

Applicants respectfully note that the references relied upon must be considered
for everything they teach - including portions that would lead away from the claimed
invention.

Conclusion

' In light of the amendments and remarks as set forth above, Applicants
respectfully submit that all claims now stand in condition for allowance. Accordingly, an
action to that effect is respectfully requested at this time.

April 14, 2008

r

iQamf R. Alexander
tfney for Applicant(s)
?egistration Number 32,604
Telephone: (864) 503-1372

Certificate of Transmission by Facsimile Under 37 CFR §1.8

I hereby certify that this correspondence, along with all documents referred to as being enclosed herewith, is being transmitted by

facsimile to the U.S. Patent and Trademark Office on April 14, 2008, etthe facsimile number listed below.
Facsimile Number (571)273-^00
Name: Llnda»Ann Manley Signature;

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